Guantanamo
363 Articles
Updates from Today’s 9/11 Case Hearings Before the Military Commission
Today was the second public session of this week’s pre-trial motion hearings in the 9/11 case before the military commission in Guantanamo Bay. As I am sure many readers…
Judge Pohl’s 9/11 Trial Order on the Convention Against Torture and the Accused’s “Observations and Experiences”
On Monday, Thomas reported that Judge Pohl, in the 9/11 military commissions case (United States v. Mohammed et al.), had reportedly “issued several orders lifting the classifying…
Military Commission “Lifts” Provision Classifying “Observations and Experiences”
The pre-trial motions hearing in the 9/11 case (United States v. Mohammed et al.) is back in session this week. Today’s session was in camera and closed (with public…
Forced Transfer of Detainees with Diplomatic Assurances Against Ill-Treatment
Two recent developments have brought to the fore the issue of involuntary transfer of detainees to countries where they fear severe mistreatment such as torture or death. The first…
NDAA Passes House, Senate Expected to Vote Next Week
As Ruchi included in the news roundup this morning, the National Defense Authorization Act (NDAA) passed the House last night by a vote of 350-69. In case you missed it earlier…
The Potential Pitfalls of Refusing to Reopen the Article III Door for Guantanamo Detainees
The version of the National Defense Authorization Act for FY 2014 (2014 NDAA) reported out by the Senate Armed Service Committee (SASC) would have eliminated the existing bar on…
Progress on the 2014 NDAA — A Guantanamo Victory
Congress has now released its compromise version of the 2014 National Defense Authorization Act reconciling the House and Senate bills into a revised version that is slated to…
Associated Forces, Material Support, and the Hidden Flaws in Ali v. Obama
As Steve previously noted over at Lawfare, on Tuesday, the D.C. Circuit affirmed the denial of yet another Guantánamo habeas petition in Ali v. Obama. Specifically, the court…
Pentagon Ends Daily Hunger Strike Reports: Whither Transparency?
In warfare, many military actions must remain secret. Calls for “greater transparency” are often too simplistic and fail to properly accommodate pressing national security…
The D.C. Circuit and Guantánamo, Post-Filibuster Edition
I’ve written a lot (too much!) before about both the D.C. Circuit’s jurisprudence in post-Boumediene Guantánamo cases and the Supreme Court’s passivity in…
Heartening News from the Senate — Sections 1031-1033 of the SASC NDAA Survive
The Senate has rejected the Ayotte Amendment by a 55-43 vote. Senators Donnelly, Hagan and Pryor were the only Democrats in favor; Senators Flake, McCain and Paul were the Republicans…
Senate to Take Critical Vote on Guantanamo’s Fate
The Senate is poised – possibly as early as this afternoon – to take one of the most important national security votes in years. As Daphne and Thomas have noted, at issue…